Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Recently, my supervisor produced a PAR for me on or about May 14, 2010 and backdated the PAR to October 22, 2008. I was not given the opportunity to sign, nor informed the PAR was placed in my personnel file. Is this considered falsifying official government documents?
This question is difficult to answer without more information. The real issue presented, however, is whether—even if you can prove backdating to the point of it being a false document—anyone would care about it. What is the issue that makes the backdating of your PAR important? If it is evidence in an EEO case, you might get some mileage out of a backdating/falsification argument. Otherwise, you might experience a lot of blank stares and disinterest.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
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What can you do if you asked your union for help? You received back from your representatives an email. In this email your union is putting you in a negative light with management. Labor board is not an option for me.